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Take a Major Bank to Small Claims??

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tinsea1

Junior Member
Sorry i am in Canada, but looking for some general feedback.

in 2006 I got a mortgage with a canadian bank - 5 year fixed term
- in 2009 i wanted to purchase a new home, which would mean I would be closing my first mortgage to obtain the second - the second mortgage was substainally larger then the first
- upon discussing the options with my mortgage specialist, i learned that my bank would charge a prepayment penalty up around $8500, pending on the interest of the day
- i informed them that if they were going to charge me this penalty in full, i would tranfer my mortgage to a different bank
- i was then told they would assess my penalty and it would be waived, just not 100%
- i repeatedly called and emailed over then following months to obtain information on the status of the penalty and the amount of waiver
- i was told that the final amount would not be known until time of disbursing payout on first mortgage
- upon recieving this disburesment i discovered that no amount of my penalty was waived
- when i complained to the branch manager, he informed me that their bank under no circumstances will waive an IRD penatly
- i later learned that their policy stats IRD penality may be waived up to a maximum of $300
- this was not shared with me at any point of my dealings
- when requesting payout information, i could understand not knowing exact dollars, but they could have shared that it would be a maximum of $300 --- and if i would have known this i definetly would not be banking with TD Canada Trust and would have shopped around for a better rate and possibly a branch that would have covered some of the penalty
- can this case be taken to Small Claims Court to sue for reimbursement of penalty
 


tinsea1

Junior Member
Hi thank you for your reply.

I guess my thinking has been that i was told by my bank that if i kept my mortgage with them my prepayment penatly would be waived, not 100% but waived. I then ended up paying the full amount of $8500. The bank didn't disclose to me that there policy was a maximum of $300.

My loss is that i believed them and rather than shop around for a new bank, i do know of others that switched banks and the new bank covered their penalty to gain their business.

Believing the word of my bank cost me $8500. Maybe i am emotionally tied to this and thats why i am seeking some unbiased insight. Should i just let in go....
 

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